Monday, April 2, 2012

From The New York Times

The niece stood in the darkened stairwell of the Winbrook Houses, listening, as 20 feet away five police officers yelled at her uncle, who had locked himself in his apartment.

It was 5:25 on a chill November morning. The officers banged loud and hard, demanding that her 68-year-old uncle open his door.

“He was begging them to leave him alone,” she recalls. “He sounded scared.” She pulls her shawl about her shoulders and her voice cracks; she is speaking for the first time about what she saw. “I heard my uncle yelling, ‘Officers, officers, why do you have your guns out?’ ”

The string of events that night sounds prosaic, a who-cares accumulation of little mistakes and misapprehensions. Cumulatively, though, it is like tumbling down the stairs. Somehow the uncle, Kenneth Chamberlain Sr., a former Marine who had heart problems and wheezed if he walked more than 40 feet, triggered his medical alert system pendant. The system operator came on the loudspeaker in his one-bedroom apartment, asking: “Mr. Chamberlain, are you O.K.?” All of this is recorded.

Mr. Chamberlain didn’t respond. So the operator signaled for an ambulance. Police patrol cars fell in behind — standard operating procedure in towns across America. Except an hour later, even as Mr. Chamberlain insisted he was in good health, the police had snapped the locks on the apartment door.

They fired electric charges from Tasers, and beanbags from shotguns. Then they said they saw Mr. Chamberlain grab a knife, and an officer fired his handgun.

Boom! Boom! Mr. Chamberlain’s niece Tonyia Greenhill, who lives upstairs, recalls the echoes ricocheting about the hall. She pushed out a back door and ran into the darkness beneath overarching oaks. He lay on the floor near his kitchen, two bullet holes in his chest, blood pooling thick, dying.

It makes sense to be humble in the presence of conflicting accounts. The White Plains public safety commissioner declared this a “warranted use of deadly force”; the shooter was later put on modified assignment. Mr. Chamberlain, in the commissioner’s telling, had withstood electric charges, grabbed a butcher knife and charged the officers.

The alert system phone in Mr. Chamberlain’s apartment recorded most of the standoff, as did a security camera in the hall. And the officers’ Tasers carried video recorders.

Last month, the Westchester County district attorney played these for the dead man’s son, Kenneth Chamberlain Jr., who teaches martial arts for a local nonprofit organization and intends to file a lawsuit. He is lithe, with a shaved head, and takes pride in a reasoned manner. “My family, we’re not into histrionics,” he says. “We don’t run down the street inciting riot.”

His voice cracks, though, as he describes the tapes. “I heard fear,” he says. “In my 45 years on this earth, I never heard my father sound like that.”

The district attorney will present the case to a grand jury and has not released transcripts. But the family’s recollection matches that of neighbors who listened through closed doors.

They say officers taunted Mr. Chamberlain. He shouted: “Semper fi,” the Marine Corps motto. The police answered with loud shouts of “Hoo-rah!” Another officer, the niece says, said he wanted to pee in Mr. Chamberlain’s bathroom.

Someone, the niece and neighbors say, yelled a racial epithet at the door. Black and white officers were present.

Kenny Randolph listened from his apartment across the hall. “They put fear in his heart,” he says. “It wasn’t a crime scene until they made it one.”

The police say Mr. Chamberlain was “known” to them, although it appears he had not been convicted of a crime. There are intimations that he wrestled with emotional issues. Sometimes, neighbors say, he talked to himself. Who’s to say? As often, life’s default position is set to “complicated.”

Many police departments have trained corps of officers expert in talking with the emotionally upset. Their rule of thumb: talk quietly and de-escalate. That night in White Plains, no one appeared to have de-escalated anything.

Mr. Chamberlain sounded spooked. His son recalls hearing his father say on tape: “This is my sworn testimony. White Plains officers are coming in here to kill me.” A few minutes later, a bullet tore through his rib and heart. The ambulance took him to White Plains Hospital, where he soon died.

His son lives five minutes away. He says he could have talked his father down. Standing in the office of his lawyer Randolph M. McLaughlin, he mimes knocking on his dad’s door. “Dad, it’s me, Ken, I’m here.” His eyes are bloodshot and brimming. “I always said, ‘I’m the protector now.’ But I wasn’t there when he needed me.”

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Below is an email from Kenneth Chamberlain Jr., whose father, a 68-year-old veteran of the U.S. Marines, was killed in
his home by the police in White Plains, NY, on November 19, 2011. Kenneth created his petition on SignOn.org, a new site
that allows anyone to start their own online petitions. You can read more about his father's death here.

We demand justice for Kenneth Chamberlain Sr., a 68-year-old veteran killed in his home by police.

On November 19, 2011, my father, 68-year-old Kenneth Chamberlain Sr., was shot and killed in his home in White Plains,
New York.

My father was a 20-year veteran of the Westchester County Department of Corrections and proudly served the United States
of America as a Marine. He stood about 5 feet, 9 inches tall, and he suffered from a heart condition.

The events that led to his killing began around 5 a.m., when his medical alert device was accidentally set off, sending a
call to the City of White Plains Department of Public Safety. Everything that happened after that was recorded by an audio
device installed in my father's home as part of his medical alert system.

When the police arrived at my father's home, he and the staff for his medical alert service told them that there was no medical
emergency and asked them to leave. And yet they insisted that my father let them into his home, banging loudly on
my father's door for over an hour. On the recording, the police can be heard calling my father a "nigger."

Ultimately they broke through his apartment door and first shot him with a Taser. He was wearing nothing but boxer shorts
when the police began their assault against him. Shortly after that, he was shot with two 40-caliber rounds and killed.

My family is asking the Westchester County District Attorney to bring a criminal indictment, and we call on the United States
Department of Justice or the New York State Attorney General to prosecute this as a hate crime.

Will you sign our petition? Click here to sign and please share with your friends:

This petition is regarding the upcoming grand jury hearing in the case of Kenneth Chamberlain Sr., an unarmed elderly black
citizen who was shot to death by the White Plains Police Department.

This case not only brings into question the policies and practices of this department; but it is an open question whether
it was inevitable, particularly in light of the audio tapes and video tapes witnessed by Mr. Chamberlain's family members
and attorneys where racial slurs and expletives were used before ultimately shooting him twice in the chest and killing him.

It is imperative that those tapes be made available to the grand jury, and that all other evidence be presented as well.
I am concerned that secrecy so far—for example, the names of officers involved have not been released—bodes badly
for transparency in this case as it moves forward. Nor am I aware of any public statements about the case from elected officials
calling for openness.

Members of Mr. Chamberlain's family and community—and a much wider circle of people who need to know there is fairness
in the criminal justice system—seek reassurance that, no matter what the verdict, the process has been open, honest,
and just.

We, the undersigned, implore Westchester County District Attorney Janet DiFiore to no longer allow police misconduct, brutality,
or criminality to happen in this community and ask that these officers be indicted and charged with murder and civil rights
violations.

Will you sign the petition? Click here to add your name, and then pass it along to your friends:

My Pledge to the Readers of this Blog

The progress of social justice is slow and measured. Its growth depends on an increasing number of us becoming aware of the truth and consequences of our actions.

I believe that it is morally wrong to allow our wanton desires to interfere with the basic needs and interests of other sentient beings.

I believe the physical and psychological abuse – confinement, social deprivation, mutilation, genetic and reproductive manipulation, and profit exploitation – imposed by us on other animals is morally wrong.

I believe the suggestion that the exploitation of other sentient beings by humans can be achieved without cruelty, violence, or injustice is false and misleading.

As an advocate for all life, committed to compassion and justice, I refuse to take part in the exploitation of other sentient beings or to collaborate with those caught up in such injustice.

I pledge to do my best to live a life that conveys a clear, sincere and uncompromised message that is free of resentment, fear, exploitation, anger, cynicism, and manipulation.

Furthermore, I pledge to continue to support a broad range of nonviolent initiatives and programs that will hopefully one day eliminate the needless pain and suffering we inflict upon all the many wonderful creatures with whom we share this planet.